Loading...
1947-05-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY.EVENING, MAY 6, 1947 The meeting convened at 800 P. M. with President Branscheid presiding. ROLL CALL: The roll was called and Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4), were noted present. Absent: Councilman Jones, (1). MINUTES: 1. The minutes of the regular meeting held April 15, 1947, were approved as transcribed. WRITTEN COMMUNICATIONS: , 2. / From the War Department, Corps of Engineers, Office of the District Engineer, informing the Council that it is planned to re-deck the swing span and the Alameda approach of Fruitvale Avenue Bridge sometime during the month of May. The President expressed the pleasure of the Council in seeing this matter finally brought to a head, and then ordered the communication filed. 3. From the Alameda South Shore Land Company, protesting the granting of permis- sion to the State Department of Public Works, Division of Highways, to dredge approximately one million cubic yards of sand from the area adjacent to and west of its Bay Farm Island tideland properties.. At the suggestion of the President, Mr. McMillan explained the subject of this communication, pointing out that the City now has these lands under lease to one of the cement companies for shell dredging, with a reservation in the lease that in the event of any public improvements requiring fill, materials from the area under lease may be used for that purpose. He stated this matter had been discussed with the State Highway Commission and that it had agreed, in the event the Division of Highways were permitted to take the fill from the area, to move off twelve hun- dred feet from the western shore of Bay Farm Island tideland lots and to confine the dredging to a depth of thirty feet. The furnishing of fill to the State High- way Department is contingent upon its getting a release from the cement company. Mr. McMillan explained that the State Department of Public /orks, Division of High- ways, has indicated that it believes the City of Alameda should have a State high- way and that therefore it will not oppose the City on its bill now before the Legislature. Thereupon the communication was ordered filed. OPENING OF BIDS: 4. A bid was presented and read from Pacific Clay Products, for the furnishing of vitrified clay pipe for the replacement of sanitary sewers on Park Street, from Clinton Avenue to Otis Drive, in accordance with Specifications and Provisions No, MS 4-47-4. The bid was accompanied by a certified check in the amount of 1175. The bid was referred to the City Manager and City Engineer for study and recommen- dation. 5. Bids were presented and read for the project of constructing the Bay Farm Island Interceptor Sewer System, in accordance with Specifications, Special Provi- sions and Plans therefor, No. PW 4-47-2, as follows: From Stolte Inc„ General Contractors ----------- 262,884.30 Accompanied by certified check in amount of - - 40,000.00 From McGuire & Hester, Contractors ----------- 262,558.00 Accompanied by certified check in amount of - - 30,000.00 The bids were referred to the City Manager and City Engineer for study and recom- mendation. REPORTS OF COMMITTEES: G: From Wm. G. Paden, Secretary of the Board of Education, submitting an itemized budget of Estimated Income and Expenses of the Alameda Unified School District for the school year 1947-48, in accordance with Section 11-2, Article XI of the Charter of the City of Alameda. President Branscheid commented that this was a routine matter required by provi- sions of the Charter and ordered the budget referred to the City Manager for his study in connection with the City,s budget for the coming fiscal year. 7. From the City Planning Board, recommending the reclassification of certain property situated on the west side of Pearl Street, beginning 106 feet south of Lincoln Avenue, with frontage of 239.75 feet and depth of 206.92 feet - being more specifically described in the petition. This property is proposed to be rezoned from the "A" One-Family Dwelling District to the "B" Two-to-Four Family Dwelling District, for the purpose of constructing group dwellings. Councilman Sweeney moved this matter be held over for further study by the Council. The motion was seconded by Councilman Osborn and carried. ORDINANCES FOR INTRODUCTION: 8. Councilman Sweeney introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Authorizing the Acquisition of Certain Lands for Public Park and Other Municipal Purposes." 9. Councilman Osborn introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Repealing Section 17-333 of Article 3, Chapter 3, Title XVII, of the Alameda Municipal Code; Amending the Alameda Municipal Code by Adding to Article 3, Chapter 3, Title XVII, a New Section Numbered 17-333, Relating to all Time No Parking." 10. Councilman Anderson introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Repealing Section 17-341 of Article 4, Chapter 3, Title XVII, of the Alameda Municipal Code; Amending the Alameda Municipal Code by Adding to Article 4, Chapter 3, Title XVII, a New Section Numbered 17-341, Relating to One-Hour Parking." 11, Councilman Sweeney introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Repealing Section 17-342 of Article 4, Chapter 3, Title XVII, of the Alameda Municipal Code; Amending the Alameda Municipal Code by Adding to Article 4, Chapter 3, Title XVII, a New Section Numbered 17-342, Relating to Two-Hour Parking." 12. Councilman Osborn introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Vacating Certain Sewer Easements and Authorizing the Execution of a Quitclaim Deed to Alaska Packers Association, a Corporation." UNFINISHED BUSINESS: 13. The matter was presented concerning the recommendation of the City Planning Board to reclassify that property bounded by Calhoun Street on the north, Post Street on the east, Otis Drive on the south and Fountain Street on the west - from the "A" One-Family Dwelling District to the "B" Two-to-Four Family Dwelling District At this point, President Branscheid stated that no decision on this matter would be reached by the Council this evening, for the reason that one of the Councilmen is absent from the City and it is felt that all members of the Council should have a voice in a decision of such importance. He stated that another reason for deferring action was that undoubtedly some new arguments would be presented during the course of the discussion tonight and the Council should have an opportunity to consider and advise among themselves on such matters. He stated that the matter would be put over for decision at an adjourned regular meeting of the Council to be held Thursday evening, May 8, 1947, at 8:00 o'clock and served notice upon the audience that at such meeting there would be no_further arguments or discussion from the floor. He thereupon ordered the recommendation of the City Planning Board in this matter to be read, following which he asked Mr. L. Deming Tilton, Planning Consultant, to make a report on the recommendation he had made to the Planning Board on the subject. Mr. Tilton traced the history of his connection in this matter and his dealings with Mr. Grantham on the matter of plans, lay-out, etcetera, and stated that when the final plan was submitted, as now proposed, it seemed to him as a technician in this field, that if there was a disposition on the part of the City to make housing avail able to more people, this location would be entirely satisfactory and that the plan proposed by the applicant met most of the requirements set up for him to meet. Mr. Tilton outlined briefly his reasons for assuming the position that this rezoning might well be recommended by the Planning Board, as follows: (1) Growth of popula- tion in the City; (2) Prospect of a second Bay crossing and a further increase in population induced thereby; (3) That the Trend all over the nation is toward a re- duction in the volume of single-family dwellings because of the excessive costs of such structures; (4) That the Federal Government is giving active encouragement to the construction of rental housing in order to provide as many as possible with living accommodations. Mr. Tilton stated that on the basis of these facts, the policy of the City will have to be determined, and that from his point of view, it was felt that it would be bet- ter to accept the proposed project than it would be to leave the property in its present state and allow it to stand idle for another ten or fifteen years with noth- ing built on it because of the cost of building on land of that kind. In closing, Mr. Tilton pointed out to the Council that there is a danger, caused by the nature of the City Zoning Ordinance, of relaxing the situation so that unfavor- able developments might take place, and indicated that it would be desirable to remedy this condition. At this point, President Bransch.eid stated the Council would now hear from the petitioner, who would be represented by Judge Edward J. Silver. Judge Silver explained that Mr. Grantham's plan contemplated a deluxe project to be constructed under the standards of the Federal Housing Administration and in accord- ance with its requirements and that it was not to be confused with the housing projects such as are found in the west end of the City. As benefits accruing to the City as a result of this construction, Judge Silver referred to the increased assess ments and increased expenditures with merchants of the City. Going into the matter of injury to the values of adjoining property, he discussed the Broadway Gardens and Estabrook projects in this City and stated that any proper- ty owner in the vicinity of these projects who had acquired his home at the same time these buildings were erected, has sold, or could sell, his property at an in- crease of from fifteen to forty per cent and indicated that the same situation ob- tains out in San Leandro, on Hass Avenue, where all the property owners are entirely •satisfied with a similar development that has taken place there. Judge Silver dwelt at considerable length on the changes that have taken place in Alameda, stating that by reason of these changes, Alameda can no longer be con- sidered a purely residential City and that while we have had a tremendous influx of population, nothing is being done to prepare housing for these people and that the construction of single family dwellings will not solve this problem. As to the property under discussion here, Judge Silver stated that over the past eight years this property has been inspected, surveyed and looked over by many contractors with the idea of constructing single dwellings and was turned down in every case for the reason that the cost of the land and improvement thereof for a subdivision of that type is prohibitive. He indicated that, in his opinion, there would be no difficulty in renting the proposed development at '.:1;80. per month per unit, and he then read several excerpts from the Times-Star tending to prove there is a great demand for apartment accommodations. Concluding his remarks, Judge Silver asked the Council if he might call upon Mr. C. B. Waite, Executive Assistant of the Federal Housing Administration, to explain the operations of that Agency. Mr. Waite addressed the Council, outlining the history of the F. H. A. and stated that it was not in anyway to be confused with the Federal Public Housing Adminis- tration under whose supervision the housing projects in the west end of the City were constructed. He pointed out that for a considerable length of time the F.H.A. has been interested in the construction of rental housing and that while it has been prepared to insure loans for this type of construction for sometime, no appli cations were received prior to a month or so ago. This was for the reason that the requirements were considered to be too severe. Mr. Waite indicated that while the conditions under which such project loans can be 4' insured have not been relaxed, Washington has seen fit to allow greater latitude in the district and local offices which enables the local director and underwriter to make decisions as to what, in their opinions, is appropriate under the regula- tions. He stated that it has been very clearly demonstrated that single family dwelling houses is not the answer to the need of veterans. Mr. Waite, pointed out that Mr. Grantham has presented plans and specifications in tentative form only, to the F. 11. A. and that he has been introduced by his financing agent; that he has satisfied the F. H. A. tentatively that he has the financial ability to under- take this project; that the plans have been inspected by the F. H. A. staff and that some suggested changes have been made in them; that the F. H. A. has not con- cluded by any means its examination of this project. He stated that the site has been inspected and approved; that the elevation of the buildings has also been approved and that an investigation of the amount of the coverage of land and the areas devoted to open spaces for utility yards, garages, etcetera, has been made and that the F. H. A. cannot proceed with its analysis of this plan until the question of zoning has been determined. Upon the conclusion of Mr. Waite's remarks, President Branscheid made the statement that Mr. Waite appeared this evening, not at the invitation of the Council, but at the invitation of Mr. Grantham and Judge Silver. Judge Silver then requested that the Reverend Charles E. Lord be called upon. Mr. Lord addressed the Council, stating there were two reasons for his presence at the meeting this evening - the first being that he was intensely interested in the democratic process and that he had been somewhat disturbed after reading the report of the first City Council meeting with regard to the project under discussion, be- cause he had found, upon questioning more than twenty people, that not one of them, all residents of the East end, had seen the plans for this proposed construction. He stated he had found a woeful lack of information among them as far as details were concerned. He expressed the opinion that it was the duty of everyone on either side of the controversy over this project to inform himself fully concerning all the facts and then to arrive at a determination on the basis of what he had been able to discover. He gave as his second reason for being present, his interest in human values. He stated that he had lived in Alameda most of the war years and that the statements made by Dr. Conard and himself in the letter written to the Times-Star have borne down upon both of them, and other ministers, the fact that they have been grappling with the problem of helping mothers and dadswith children and that they have not been able to do much about helping them - that many people have had to leave Alameda because of their inability to find housing accommodations. He stated that much has been said about property values and that they, too, have an interest in property values but that they have a basic philosophy upon which they work, "that when basic human values, and the interest of children and young people are well and carefully considered and then, upon the findings, are acted upon and those values are taken care of and conserved and furthered, that the property values are more adequately protected." He stated that a case in point is what has happened to human values during the war years. He said that it has been their position during the war years and their present belief that one of the greatest casualties to come out of the war is what has happened to the growing children who have been forced to live in abnor- mal housing conditions during the war years. He stated that on a personal basis, and from his own standpoint, he had examined the facts in this proposal and had been brought to a personal decision that this proposal would be helpful to the children of the community. He remarked that he hoped to gain further light on the situation by his presence here this evening and that if each person present has done the same thing, he would personally be willing to abide by what is determined, but expressed the hope that all present might operate on the same philosophy that what is best for people is best for property." President Branscheid stated that it was his understanding that Judge Silver had completed his presentation. He thereupon called upon Mr. Joseph F. Kirschling to present the case of the opposition. Mr. Kirschling outlined his experience as a real estate operator, detailing at length his experience with the F. H. A. during the eleven years he spent with that Agency. He stated that an additional petition had been circulated and three hundred signatures obtained thereon and that in due time it would be filed. He stated that the proponents of this proposal are in accord that we do need rental housinf, in the City of Alameda and that his people heartily agree with that. He stated their opposition is not against the F. H. A. or Mr. Grantham, or a rental housing project - but that they are interested in the welfare of Alameda and their neighborhood and they do want to make it a better place in which to live. He questioned the ability of young veterans with children to pay a rental of E30. per month and further questioned the guarantee that the accommodations would be rented to people with children. He stated that he has been informed recently that the Boradway Gardens project now refuses people with children and that this was a war housing project developed under Government aid. He stated that Broadway Gardens is an asset to that area of Alameda and if the project proposed by Mr. Grantham was to be constructed on Broadway or any other place in Alameda, they would not be against it. He referred to the expense incurred by the City in having Mr. Shattuck prepare the zoning plans and ordinances for the City and that in Mr. Shattuck's report it was brought out that it was of primary importance that the City expand its "A" District. Further, his people could see no reason for a departure from the recommendations made by a man employed by the City to study the plan. As to the matter of land lying idle, Mr. Kirschling stated that while it has not been built upon, it has been in the process of being built up over a long period of time. He stated that Fernside District, Fernside Marina and Thompson Avenue were all built up in the same fashion and were finally developed into very beauti- ful homesites. He stated that this land has been under the process of building up for several years for the purpose of enabling it to become homesites. On the mat- ter of land values, he stated that the F. H. A. had taught him how to appraise property and that if one were to submit an application for a loan on a 4;12,000. home next door to a multiple family unit, the loan would be reduced because of this proximity to the multiple family building. He said he was not quarreling with the housing project, that it is much needed right now in the right neighborhood but that the neighborhood which has been se- lected for its construction is the continuation of an "A" District and if the present zoning were permitted to be changed, it would be .a return to spot zoning and would destroy the whole zoning plan of the City. He stated that it would not be so bad if the entire area were under consideration, but claimed that this would be a resorting to spot zoning and that any Planning Consultant should be able to advise the Planning Board that this type of zoning is not advisable. He stated that the F. H. A. will not entertain insuring a loan unless restrictions were filed confining that area to a proper development and that in the absence of those restrictions, the F. H. A. looks to the Planning Board to protect its invest- ment. He stated that F. H. A. has an interest in the people of the United States and that if the City of Alameda gets a reputation of not enforcing the Planning Board's rulings, it will shy away from mortgages in this City; that is to say, such mortgages will not get the maximum loans. He stated that another thing his people objected to is the fact that they had been more or less intimidated by threats - not intentional, of course - but Mr. Grantham did say that if he did not get this rezoning, he would build shacks on the property. The Times-Star, in the "Voice of Alameda," stated that this would be cracker box development if it were not approved for multiple housing. Ile questioned the wisdom of anybody investing 42,500. in a lot and than building a shack upon it because, he stated, if the person did not build a 0,000. home on the lot - making it a 412,000. homesite, he could not get the maximum loan on it from the F. H. A. He stated he did not agree with the F. H. A. on its policy toward helping the veterans, pointing out that statistics and records show that only about fifteen per cent of the veterans can afford to pay 00. per month rental. He said the trouble with our housing program is that everybody is trying to build too expensive a struc- ture and if the F. H. A. wants to help the veterans, it should help the eighty-five per cent and not the fifteen per cent. He stated that the proponents had brought up nothing in its favor except that "it is needed" and that he would like to hear some concrete arguments as to why these struc tures should be built in his neighborhood. He stated that he is fully aware of the fact that we need houses and that he could rent one hundred of such projects as Mr. Grantham's but that what his people are here for is to protect their City, keep the City's good reputation of enforcing its planning and zoning ordinances and develop the City into a place that all will be proud of and protect our City so that we will not be creating blighted areas. He asked the Council to withhold any decision that might tend to destroy values. Mr. John F. Ward was the next speaker for the opposition and stated that while he did not come to fight, he did come to protect his interests and that all those of the east end were fully prepared to do anything necessary to protect their interests He objected to the United States Government coming in to dictate and advise the people what they should do in this matter. He stated they were capable of doing their,own thinking. He stated that the veterans cannot pay 00. per month rent - that 440. per month would be more like it. He stated he was not opposed to a project like this if it is in the proper neighborhood. Ile likewise wished to see building going on in places where it is proper, but that this would not be the proper place to build the project because of the condition of the land - pointing out that it was filled in 1942 with mud and that if a big two-story building were placed upon it, it would sink down into the ground and the values of the property surrounding the project would also go down. He stated that Fernside Marina was filled in 1898 and that it is still possible to dog down to a very shallow depth and find mud under the ground. He stated that it was his hope that the Council would protect the property owners and citizens of Alameda, as of course it is expected to do and to try to reach an unbiased decision. He stated it was the duty of the Council to look out for the people of the City and that everybody knows the people in that part of town do not want this project. Mr. Kirschling next called on Mr. Lloyd Teeter who went into the matter of lack of playground facilities for children who might be expected to live in the project. Mr. Paul A. Wolff, a seafaring man, next addressed the Council, stating that in his opinion, if the people behind this plan would be satisfied with a little less return on their money, they could build single family dwellings and sell them very quickly. He stated that while the minister thought it would be a very nice thing for the children, he could not agree with that, contending that children should have indi- vidual homes and not be confined to apartments. He further contended that the con- centration of large groups of people in that neighborhood would further complicate transportation. Also, new schools would be required and he expressed wonder as to where the money to pay for them would come from. He pointed out that most home owners down there have their entire life savings in- vested in their homes and that they do not want this investment wiped out by the construction of multiple or apartment buildings which would materially damage property values. At this point Judge silver submitted the matter - as did Mr. Kirschling. Councilman Osborn thereupon moved this matter be put over until Thursday evening, May 8, for further consideration at an adjourned regular meeting ,of the Council. The motion was seconded by Councilman Sweeney and carried. NEW BUSINESS: 14.' Councilman Osborn stated that a hearing of the Key System Application for new commutation rates would be held before the Railroad Commission on May 26, 1947. He moved the City Attorney be empowered to prepare a protest and appear before the meeting on behalf of the City. The motion was seconded by Councilman Sweeney and carried. RESOLUTIONS: 15. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3521 Declaring Public Interest and Necessity Require the Acquisition of Certain Lands for Public Park Purposes." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. Councilman Osborn asked for an explanation of this matter and Mr. McMillan explained that the property is being acquired for the purpose of expanding Godfrey Park. 16. The following resolution was introduced by Councilman Osborn, who moved its adoption: Resolution No. 3522 Resolution of Acceptance and Consent to Recordation." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 17. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3523 Creating a Special Fund to be Known as "Encinal Avenue Sanitary Sewer Fund" and Transferring 1;1,700. from Capital Outlays Fund Thereto." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3524 Transferring $600. from Budget Account 70-b to Budget Account 23-i (Compensation of Councilmen)." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 19. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3525 Authorizing Installation by Alameda Belt Line of Two (2) Railroad Spur Tracks from the Center Line of Clement Avenue to the North Line Thereof, Im- mediately West of Willow Street." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 20. "Ordinance No. 917, New Series An Ordinance Reclassifying Property by Adding Section 37 to Ordinance No. 725, New Series. Councilman Osborn moved the ordinance be adopted as read. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). 21. "Ordinance No. New Series An Ordinance Reclassifying Property by Adding Section. 38 to Ordinance No. 725, New Series." Following the reading of the title of this ordinance, Councilman Osborn moved that action on this matter be deferred to the adjourned regular meeting to be held Thursday evening, May 8. The motion was seconded by Councilman Sweeney and carried. FILING: 22. Auditor's Balance Sheet - Month of April, 1947 23. Financial Statement - Goodell, Byers & Co. - City of Alameda, as at March 31, 1947. 24. Financial Statement - Goodell, Byers & Co. - Bureau of Electricity, as at March 31, 1947. BILLS: 25. An itemized List of Claims against the City of Alameda and several of the Departments thereof, in the total amounts as follows, was presented to the Council at this time. General Departments, 032.85; Social Service Department, `24.86; Veteran's Federal Training Fund, 4Z6.80; Street Improvement Fund, D5,871.13; Broadway Storm Drain Fund, ,)510.29; Street Department, 01,059.84. Councilman Osborn moved the bills as itemized in the List of Claims filed with the City Clerk on May 6, 1947, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). 26 V" At this point, Mr. McMillan stated he wished to explain that the first ordi- nance introduced this evening would authorize the City Attorney to start condemna- tion proceedings well acquire actuallyeauthorize the land Ciayimmediately acquire the land. to the land. Golf Course, as ADJOURNMENT: 27. There being no further business to come before the meeting, the Council ad- journed to assemble in adjourned regular session on Thursday evening, May 8, 1947, at 8:00 o'clock in the Council Chamber. Respeetfull, tied, Clerk